Cases: POOF!

Deed Of Trust, Fee Clause Interpretation, POOF!: One Action Rule Barred Award Of Attorney’s Fees To Lender Based On Wording In Trust Deed Fees Clause

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: POOF!

  Result Was That Trial Court’s Award Of $175,000 In Fees Went POOF!      The lender in HSBC Bank, USA v. Wells Fargo Bank, N.A., Case No. B266405 (2d Dist., Div. 6 May 16, 2016) (unpublished) likely was surprised by the result in this case, but it also shows you how powerful the one action […]

Fee Clause Interpretation/POOF!/Prevailing Party: Remand To Clarify Damages Awarded To Nonprevailing Plaintiff Real Estate Buyers Meant Substantial Fee Award To Prevailing Real Estate Seller Needed To Be Revisited On Remand

Cases: Fee Clause Interpretation, Cases: POOF!, Cases: Prevailing Party

  Award of Over $477,000 in Fees/Costs Went POOF!      In Fong v. Sheridan, Case Nos. A144286/A14522 (1st Dist., Div. 1 Apr. 21, 2016) (unpublished), buyers of seaside property sued seller and a dual broker agent for breach of contract, intentional misrepresentation, negligent misrepresentation, and rescission after dual agent told buyers at a pre-sale stage

Consumer Statutes/Deeds Of Trust: Where Borrower Was Granted Erroneous TRO Under Homeowner Bill Of Rights, $14,000 Fee Award Under Bill Of Rights Went POOF!

Cases: Consumer Statutes, Cases: Deeds of Trust, Cases: POOF!

  Predicate for Fee Entitlement Evaporated.      In our June 14, 2015 post, we discussed the Third District’s decision in Monterossa v. Superior Court, 237 Cal.App.4th 747, 754 (2015), which decided that attorney’s fees were properly awarded to a borrower obtaining a preliminary injunction against lender “dual tracking” under Civil Code section 2924.12(i) (the Homeowner

Appealability/POOF!/Special Fee Shifting Statute: Reversal Of Penal Code Section 496(c) Verdict Means $1.15 Million Fee And Costs Award Went POOF!

Cases: Appealability, Cases: POOF!, Cases: Special Fee Shifting Statutes

  Postjudgment Fees Also Reversed, But Expert Witness Fees Sustained Based On Failure To Separate Appeal The Postjudgment Award.     In Kayne v. Mense, Case No. B254975 (2d Dist., Div. 1 Mar. 25, 2016) (unpublished), defendants were found to have breached a fiduciary duty to plaintiff (giving rise to compensatory and punitive damages) and found

Fee Clause Interpretation/POOF!: Nonprevailing Cross-Complainant Appealed $4.2 Million Fee Recovery In Case Producing Somewhat Split Results

Cases: Fee Clause Interpretation, Cases: POOF!

  …. Smart Move – Fee Award Entombed On Appeal. Tomb of General Ulysses S. Grant, Riverside Drive, NYC.  1897.  Library of Congress.      In U.S. Grant Hotel Ventures, LLC v. American Property Management Corp., Case No. D066490 (4th Dist., Div. 1 Feb. 19, 2016) (unpublished), parties got into a hotel management imbroglio where plaintiff

Arbitration/Ethics/POOF!: $1.3 Million Judgment Based On Arbitration Award Goes Away Because Former Attorneys Violated CRPC Rule 3-310

Cases: Arbitration, Cases: Ethics, Cases: POOF!

  Trial Court Approved Arbitration Award Involving Contract Against Public Policy, So Remanded To Determine When Actual Conflict Arose.      Everyone thinks that there is little hope of appealing arbitration awards. However, that is not true where the underlying claim rests on a contract which is illegal or against public policy.      A client’s former

POOF!/Prevailing Party: $1.8 Million Interest, Costs, and Fee Award Goes POOF! When Appellate Court Trims Compensatory Award From $1.1 Million To $117,050

Cases: POOF!, Cases: Prevailing Party

  Prevailing Party Status Had To Be Redetermined After Reversal.     Hot Rods, LLC v. Northrop Grumman Systems Corp., Case No. G049953 (4th Dist., Div. 3 Dec. 7, 2015) (published) shows how appellate practice is not for the faint of heart.  The reviewing court will review the case for legal errors and will reverse based

SLAPP: SLAPP Winner’s Trial Court Win Of $12,270 Reversed Because Plaintiff Proffered Enough Evidence To Survive SLAPP Motion

Cases: POOF!, Cases: SLAPP

  Backdrop Was Diane Harkey’s Defamation Lawsuit Against State Board of Equalization Candidate After Her Exoneration In Alleged Fraud Charges For Her Husband’s Activities With Point Center Financial.     The next post stems from a State Board of Equalization candidate race in which plaintiff, one of the candidates, allegedly made slanderous statements about Diane Harkey,

Construction/POOF!: Losing Subcontractor On Private Project Retention Payment Dispute, Who Won On Appeal, Entitled To Fee Recovery Under Civil Code Section 8818

Cases: Construction, Cases: POOF!

  Subcontractor Hit With $150,000 Fee Award Below, Gets A Reversal Of Fortune—Merits Reversal Of Retention Claim Meant Subcontractor Now Gets To Seek Fees For Being the Winner On Appeal!      Here you may see what’s very rare, The world turn’d upside down; A tree and castle in the air, A man walk on his

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